HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ & SRI. S.S.MAHENDRA, MEMBER BETWEEN M.F.A.No.8738/2018 (MV) (Lok Adalat No.191/2019) MR. STANY D’SOUZA, S/O. LEO D’SOUZA, AGED 27 YEARS, R/AT HARA HOUSE, KOKKADA VILLAGE, NELYADI POST, BELTHANGADY TALUK, D.K DISTRICT-574 229 ... APPELLANT (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE) AND 1. SRI. DEVADAS BHANDARY, S/O. AJILA BHANDARY, AGED 57 YEARS R/AT DOMBADE GUTHU HOUSE, KURNAD POST, BANTWAL TALUK, D.K DISTRICT-574 153 2. M/S. ICICI LOMBARD GENERAL INSURANCE CO. LTD., MAXIMUS COMMERCIAL COMPLEX, LIGHT HOUSE HILL ROAD, MANGALURU-575 001.
REPRESENTED BY ITS MANAGER ... RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O. DATED 01.02.2019) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.12.2016 PASSED IN MVC NO.734/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, JMFC, MANGALURU D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant- claimant and the learned Counsel for the Respondent - ICICI Lombard General Insurance Co. Ltd., along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump-sum of Rs.80,000/- (Rupees Eighty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The Respondent – Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit.
4. The entire enhanced compensation amount shall be released in favour of the appellant – claimant, on proper identification.
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stands modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER KTY